A military divorce involves many of the same legal issues as a civilian divorce: dividing assets, determining child custody, and ensuring fair support arrangements. However, military divorces also include unique factors that can affect both service members and their spouses. Whether you are actively serving or married to someone in the military, it is important to understand your rights and the benefits involved in this type of divorce.
Knowing what to expect in a military divorce helps you protect your interests and make informed decisions for your future. This article outlines some of the key benefits and rights commonly addressed in military divorce cases.
Military Pension and Retirement Benefits
One of the most important aspects of a military divorce is the division of retirement benefits. Under the Uniformed Services Former Spouses' Protection Act (USFSPA), state courts have the authority to treat military retirement pay as marital property and divide it during divorce. This does not mean an automatic 50 percent split, but rather that a court may award a portion of the retirement payout to the non-military spouse depending on the length of the marriage and other factors.
Spouses married to a service member for at least 10 years, with at least 10 years of overlapping military service, may be eligible for direct payment from the Defense Finance and Accounting Service (DFAS). This is often referred to as the 10-10 rule. Even if the 10-10 rule does not apply, the non-military spouse may still be entitled to a share of retirement benefits through other arrangements.
Healthcare and Commissary Access
Tricare benefits, commissary access, and other military support services may still be available to former spouses after a military divorce, depending on the length of the marriage and military service. Under the 20-20-20 rule, if the marriage lasted at least 20 years, the service member completed at least 20 years of eligible service, and there were 20 years of overlap, the non-military spouse may continue to receive full medical benefits and access to military facilities.
If the marriage and service overlap for at least 20 years but less than 20 years of marriage exist, the former spouse may receive these benefits for a limited time. Understanding these guidelines helps each spouse know what support may continue after divorce.
Child Custody and Support in Military Families
Child custody decisions in a military divorce take into account deployments, relocations, and other military obligations. Courts focus on the best interests of the child but also recognize the impact of military duties on parenting time. Temporary custody arrangements, family care plans, and long-distance visitation schedules may be necessary in military families.
Child support is based on income and needs but may also be influenced by housing allowances or other military pay. Ensuring both sides understand how military benefits affect support makes the process fair and transparent for everyone involved.
Legal Protections for Active Duty Service Members
Service members on active duty also have certain legal protections during a divorce. The Servicemembers Civil Relief Act (SCRA) allows for the delay of divorce proceedings under specific conditions while a service member is deployed or actively serving. This helps prevent default judgments and ensures that the service member has enough time to respond and secure legal representation.
This protection is not automatic; it must be requested by the service member. It shows the importance of having a legal team that understands the full scope of rights available during a military divorce.
Work with an Experienced Law Firm for Military Divorce
Military divorce involves a wide range of legal complexities that are different from civilian divorce cases. With benefits like retirement pay, healthcare, and military privileges at stake, it is essential to work with attorneys who are familiar with these issues. Legal strategy and thorough understanding of military laws can protect your financial future and support long-term family stability.
At Milstein Siegel, LLC, we help both service members and spouses navigate the military divorce process with care and clarity. Our team offers personalized guidance, explains your rights, and ensures that every important detail is handled properly. If you are considering or facing a military divorce, contact Milstein Siegel, LLC today to schedule a consultation and get the representation you deserve.